were sworn by Hugh Nelson son of the said Peter to be his own hand writing, when I had the tryal at Lancaster. After Earle Henry's death, his son Ferdinando lived not a year, and so had no Harvest. But this man, William, now Earle, at his entrance made request, by his officers, to parson Fleetwood for these tithes, and afterwards in person he himself in presence of his countess and many gentlemen at Lathome (when parson Fleetwood came to welcome him into the country and to wish him joy of his Earledom) said to the parson, 'Mr. Fleetwood, I have a sute to you for the Tyth corne of Holland and Dalton without which I cannot keep house at Lathome,' or words nere this effect, whereto parson Fleetwood said he would not be a hinderence to so good a work, and so let him have them. This was deposed, both in the Dutchy and at my tryall at Lancaster, by William Leigh, parson of Standish, who was present when the Earle spoke those words. But besides all these proofes, I have an old survey book of all Earle Edward's estate, fayrly written, wherein, after all his Lap's Mannors, Lands, &c., both from the Lord Strange, Lord Lovel, Pilkington, &c., follows this Title:— The Farms & Tacks of Edw: Earle of Darby; and therein, after many items (all which are proved to be leases and not his inheritance, as the tithes of Winwick [and] Liverpole), follows the Tithes of Holland, Dalton & Orrell (for it seemes in those days he had Orrell also). Lastly: if the Earles of Darby ever were Lords of Dalton and had a lawful right to the Tithes thereof as co-pendant to the Mannor, yet this very Earle William sold all his Title and Interest to the Mannor of Orrell and Dalton unto Mr. Orrell of Turton, Esquire, who sold over Orrell to Mr. Bispham of Billinge, with all appurtenances . . . . , and the remaynder to Queen Elizabeth (as appears by fayr deeds which Mr. Wm. Bispham hath to shew, under the Queen's and the Earle's seales); so as he hath no right or clayme to the said tithes, being never returned back to him; and the action which I brought and tryed at Lancaster was for some of Crosse's Tithes in Dalton, and therefore my successors may gesse what fayr play
